Any court may take cognizance of an offence after expiry of the period of limitation, if it is satisfied on the facts and circumstances of the case that:
Verified Answer
A. An attempt has been made to explain the delay.
B. It is necessary so to do in the interest of justice.
C. The State Government has given instructions for taking such cognizance.
D. In 1 and 2 both the conditions
Explanation:
Section 473 of the Code of Criminal Procedure, 1973, allows a court to take cognizance of an offence after the expiry of the period of limitation if it is satisfied that the delay has been properly explained OR that it is necessary to do so in the interests of justice. While the statute uses 'or', if the court is satisfied that both conditions (1) and (2) are met, it certainly has the discretion to take cognizance. In a multiple-choice context, 'both the conditions' often implies that the presence of both would also satisfy the criteria for taking cognizance.